Unlawful Detainment

[aaron]

There is a vast difference between detaining a VEHICLE and the people inside it.

They could have gotten out and left at any time, right?

Not quite. Holding somebody's personal property can, under the circumstances, constitute detention. The question is whether somebody would feel free to leave despite their property being held - for example, if you hold somebody's car keys or wallet and tell them, "You're free to go," it may be possible to argue that under the totality of the circumstances they were in fact detained.

Oh, to add, on the Q of detainment, remember that Walmart thread where the employees blocked the persons car from leaving the parking lot, everyone then said it was lawful?

They could have left any time also, right?

In that case, if you recall, the merchant had the benefit of a statute that, with reasonable cause, authorized them to "detain on the premises in a reasonable manner and for a reasonable time any person who is suspected of shoplifting". Further, although the person's departure was impeded, they were not stopped from departing - they managed to drive away.

Note, I agree with the sentiment that charges against the maintenance worker are unlikely here. (Or, in my humble opinion, "Not going to happen.")

[BOR]

Oh, to add, on the Q of detainment, remember that Walmart thread where the employees blocked the persons car from leaving the parking lot, everyone then said it was lawful?

They could have left any time also, right?

In that case, if you recall, the merchant had the benefit of a statute that, with reasonable cause, authorized them to "detain on the premises in a reasonable manner and for a reasonable time any person who is suspected of shoplifting". Further, although the person's departure was impeded, they were not stopped from departing - they managed to drive away.

Also here "presumably" the city worker had authority under the restraint statute, as it states:

(A) No person, without privilege to do so, shall knowingly restrain another of the other person’s liberty.


Arguably he had privilege to so, so he claims. You can bet the statute was unknown to him, he was just playing a wannabe Roy Bean.

Note, I agree with the sentiment that charges against the maintenance worker are unlikely here. (Or, in my humble opinion, "Not going to happen.")

Probaby not! Since he is a city worker and any liability MAY be imputed to the city in a lawsuit, so criminal action may just feul that.

I wonder if an OFF DUTY officer negligently and NOT under color of law wandered on the premises and the worker detained him, if he would not get his badge out and demand he get out of the way or face criminal charges? If a citizen can be detained, so can an officer.

[cyjeff]

I am being very vague about the circumstances to protect my privacy and pending defense. The short of it is that we mistakenly ventured onto posted property, never exited the vehicle, and on the way out were detained by the employee, and ultimately cited by the police. There was no intent to disregard the law. It was a simple mistake, but "Johnny I've-got-a-gun-and badge" decided to only see black & white...and not listen to reason. I feel confident in my defense, but am pretty frustrated with power-hungry individuals.

Wait a minute.

Was this person security for the posted property?

[BOR]

Wait a minute.

Was this person security for the posted property?

He stated in his 1st post:


"municipality maintenance worker"